Canada

What recourse do I have if the CTA rules against me in a flight complaint?

30 days
Deadline to file judicial review
Federal Court
Review court
s. 86
CTA complaint authority
2024 SCC 30
Key Supreme Court case
The Short Answer

If the Canadian Transportation Agency (CTA) rules against you in a flight complaint, you may apply for judicial review in the Federal Court within 30 days of the decision.

What the Law Says

The Canada Transportation Act gives the Canadian Transportation Agency (CTA) authority to hear complaints about air services — but it does not provide a right of appeal from CTA decisions. Instead, the law allows for judicial review by the Federal Court.

The Canada Transportation Act is the main federal law governing transportation in Canada, including air travel. It sets out the CTA’s powers and responsibilities — including its role in resolving passenger complaints about airlines.

However, the Act does not create a formal appeal process from CTA decisions. If you disagree with a CTA ruling, your legal recourse is limited to asking the Federal Court to review the decision — not to re-decide the complaint itself.

Statutory Text

Any person may file a complaint with the Agency regarding an air service issue.

Canada Transportation Act, s. 86 — Complaints to Agency

What Courts Have Said

The Supreme Court of Canada recently confirmed the CTA’s broad regulatory authority over air passenger protection — reinforcing that judicial review, not appeal, is the proper path when challenging CTA decisions.

International Air Transport Association v. Canada (Transportation Agency)
Supreme Court of Canada · 2024

The SCC upheld the CTA’s jurisdiction to make binding air passenger protection regulations, clarifying that challenges to CTA decisions must proceed by judicial review under the Federal Courts Act — not by appeal — and that courts defer to the CTA on matters within its specialized expertise.

What to Do

1

Review the CTA’s written decision carefully — it must include reasons and information about judicial review rights.

2

File an application for judicial review in the Federal Court within 30 days of the CTA’s decision date.

3

Include evidence showing the CTA made an error in law, exceeded its authority, or acted unreasonably.

4

Consider seeking legal advice — judicial review is a technical legal process with strict procedural rules.

5

Note: You cannot file a new complaint on the same issue or ask the CTA to reconsider — the decision is final unless overturned by the court.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.